Last three months before, we went to my grandfather property for home constructing purpose. one person near my property, he is opposing to construct home. Immediately, we filed case with all original documents and got temporary injection order from court. Based on this order, we went and construct small hut in my grandfather property for constructing brick house. when, we constructed hut in my property, meanwhile my opposed party gave written complaint to local police station. Then, we showed all documents related my property and injection order.
In this regard, recently, my opposed party went to high court and got directions to the inspector of police (petition under sec 482 crpc) to take action my complaint.
Based on this direction, the local police station persons filled FIR in the following three sections such as 448, 506/1 ipc, 341 pc.
Now i dont have any idea, in which basis they filled FIR because we are having all the document and proper legal order before his complaint. is it possible to file fir case under the above mentioned section. Please give me your valuable suggestions regarding this civil case as soon as possible.
Once again, kindly i am requesting to all to give valuable suggestions regarding my civil case.
Asked in Civil Law from Pondicherry, Puducherry
1) it is criminal complaint filed by your neighbour . charge related to house-trespass (IPC Section-448); ... charge related to criminal intimidation (IPC Section-506) 341. Punishment for wrongful restraint.—
2) it is necessary to go through the FIR lodged as to whether ingredients of offence are made out in the complaint .
3) police will investigate the complaint and submit charge sheet before trial court
4) contest case on merits
Better to consult a local lawyer and show him the documents of title to the property. Without looking at the documents, it is difficult to say who has right over the property or not.
There appear to be different incidents involved. His restraining you from construction is one incident. Then, after obtaining temporary injunction from civil court, you constructing a hut on the property is another incident. So it is possible that both incidents may give rise to different liabilities, civil and criminal.
Whether any criminal liability arises on your part or not depends upon exact allegation he made against you in FIR. It appears that after perusing the contents of material before it the Hon'ble High Court has directed the police to register FIR.
As rightly said by my colleagues it is difficult to give definite suggestions without studying the documents. Better contact a local lawyer.
1. Was the case filed by your opponent in the High Court respecting the same subject matter? Did you contest the case filed in the High Court and produce the order that was passed by the local court in your favour permitting you to carry out the construction? It seems that either you did not contest the case filed by him in the High Court or the High Court ignored the favourable order you had obtained from the local court.
2. What are the exact allegations made against you in the FIR? Without perusing the FIR none of us can form an opinion as to why did the High Court issue directions against you. The order of the High Court in pursuance of which FIR has been filed against you can be challenged in the Supreme Court of India. You should immediately show the orders of the High Court and the local court and also the FIR to a lawyer so that he can chart out your legal recourse. Hurry up lest the time limit to challenge the High Court expires.
1. You have not come with the complete fact. What is the claim of your neighbour? Is he claiming title of your property? If yes, then what are his documents or reason for such claim?
2. He has got the order from High Court which is superior to the Court from where you had got temporary injunction,
3. His allegations are trespassing, criminal intimidation and wrongful restraint. On what account he has brought such charges so much so that High Court also accepted his reasoning and document and straightway directed the police to file complaint?
4. FIR details is required to be seen for correct suggestion,